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r.JCarl E. Kohlweck, Esq. (SBN 087139) 01

1 28437 Plainfield Dr. ~ (:...2 Rancho Palos Verdes, CA 90275-3147 \Tel: (310) 480-3423 ~ \ )

OCT 05 2012J o h n A c / ~ .By ~ u t i v e Offlcer C rk

SHA ESlEY-, Oep tyEmail: [email protected]

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Attorney for PlaintiffKAREN DE LA CARRIERE

SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF LOS ANGELES, CENTRAL DISTRICT

KAREN DE LA CARRIERE,Plaintiff,vs.WILLIAM N. GREENE,individually and doing businessas CALIFORNIA CONSULTINGGROUP, a business entity ofunknown form, R R TRUST, abusiness entity of unknown form,CALIFORNIA CONSULTINGGROUP INTERNATIONAL, abusiness of unknown form; AllPersons Presently Unknown,Claiming Any Legal Or EquitableRight, Title, Estate,Lien, Or Interest In The PropertyDescribed In The ComplaintAdverse To Plaintiffs' Title, OrAny Cloud On Plaintiffs' TitleThereto; and DOES 1 through 25,inclusive,Defendants.

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Case No.: Be 4 9 3 3 9 3COMPLAINT1. Quiet Title (CCP 760.010, etseq.);2. Cancellation of InstrumentPursuant to Civ. C. 3412;3. Declaratory Relief (CCP1060);4. Slander of Title;5. To Void Contract Pursuant toCiv. C. 1670.56. Breach of Fiduciary Duty;7. Unfair Business Practices;and8. Negligence.

Plaintiff, KAREN DE LA CARRIERE. alleges as follows:

COMPLAINT - 1

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3 1. Plaintiff is, an individual, and at all times material herein was, a resident of Los4 Angeles County, California.5 2. Defendant WILLIAM N. GREENE is an individual doing business in Los6 Angeles County individually as a certified public accountant and under the business7 names CALIFORNIA CONSULTING GROUP, CALIFORNIA CONSULTING GROUP8 INTERNATIONAL and R & R Trust, each of which is a business entity of unknown form9 but which is named as a defendant herein to the extent that each is a jural entity subject

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3. All Persons Presently Unknown, Claiming Any Legal r Equitable Right,Title, Estate, Lien, r Interest In The Property Described In The Complaint Adverse ToPlaintiffs' Title, r Any Cloud On Plaintiffs' Title Thereto' are sued herein pursuant toCalifornia Code of Civil Procedure Section 762.020(a).

4. The true names and capacities, whether individual, corporate, associate, orotherwise, of Defendants DOES 1-25, inclusive, are unknown to Plaintiff, who thereforesues them by the said fictitious names. When Plaintiff ascertains the true names andcapacities of DOES 1 through 25, she will amend her complaint accordingly. Plaintiff isinformed and believes and thereon alleges that some of these fictitious namedDefendants claim some right, title, estate, lien, or interest in the hereinafter-describedPROPERTY adverse to plaintiffs title and their claims, and each of them, constitute acloud on Plaintif fs title to that PROPERTY. Plaintiff is informed and believes andthereupon alleges that others of these DOE defendants participated with or assistedDefendant GREENE in perpetrating and committing the acts herein alleged. Theallegations of this complaint have evidentiary support or are likely to have evidentiarysupport after a reasonable opportunity for further investigation or discovery.

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1 5. Each of the Defendants named herein are believed to and are alleged to2 have been acting in concert with, as employee, agent, co-conspirator or member of a3 joint venture with, each of the other Defendants, and are therefore alleged to be jointly4 and severally liable for the claims set forth herein, except as otherwise alleged.5 (Hereafter, unless otherwise specified, defendants, including DOE 1 through DOE 256 will be referred to collectively as Defendants ).7 GENER L LLEG TIONS8 6. The real property that is the subject of this case is commonly known as 19359 N. Serrano Avenue, Los Angeles, CA 90027 and is described as Lot 45 Tract 3823 as

1 per map recorded in Book 41, Page 78 of maps in the Office of the County Recorder of11 Los Angeles County. The property is designated as Assessor's parcel No. 5587-24-2012 in the Assessor's Office of Los Angeles County, and is hereinafter referred to as the13 'Subject Property14 7. Plaintiff acquired title in the Subject Property by grant deed on May 27, 1998,15 a copy of which is attached as Exhibit 1.16

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8. Plaintiff took possession of the Subject Property on the same date of theclosing in May 1988 and, as of the commencement of this action, is still now and hasbeen in continuous possession of the Subject Property.

9. At the time Plaintiff acquired the Subject Property, and continuing until April2012, Defendant William N. Greene, as a Certified Public Accountant, providedprofessional accountancy services to Plaintiff. Specifically, Defendant Greene preparedher state and federal tax returns; and, after she began doing business selling ThomasKinkade artworks over the internet beginning in 2001, Defendant Greene also prepared,filed and paid Plaintiff's California sales taxes, and provided Plaintiff with professionalfinancial advice and planning as her accountant and financial advisor.

10. Without Plaintiff's knowledge or consent, a 'Deed of Trust and Assignment 0Rents containing a 'Promissory Note - Straight - Secured By Deed of Trust on the

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1 Subject Property was recorded in the Los Angeles County Official Records on October2 9 2003, as Instrument No. 03 3025404, a copy of which is attached as Exhibit 2 and is3 referred to hereinafter as the 2003 Promissory Note and Trust Deed.' California4 Consulting Group is listed as the Trustee and R & R Trusts is listed as the Beneficiary.5 Plaintiffs name is listed as the Trustor and signatory on the note and purportedly6 appeared and signed before a notary on February 26, 2003.7 11. Plaintiffs purported notarized signature is a forgery. Plaintiff did not appear8 before the notary and did not execute the 2003 Promissory Note and Trust Deed. Nor9 did she have knowledge of or give her consent for anyone to sign on her behalf, or to

1 record the document.11 12. Through the recorded trust deed, Defendants William N. Greene, R &R12 Trust, and California Consulting Group claim an interest adverse to Plaintiffs in the13 subject real property. Plaintiff further alleges on information and belief that some of the14 unknown DOE defendants also claim an adverse interest to Plaintiffs real property15 through the deed of trust.16

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13. Plaintiff discovered the forged instrument on or about May 1 2012, within afew days of Defendant Greene making, under threat of foreclosure, a demand for fullpayment of an amount in excess of $677,000. The amount purportedly represented: (1)prinCiple in the amount of $175,000, plus compounded interest at the rate of 14% and(2) fees for unpaid accountancy services over the past eleven (11) years.

14. In the process of retaining a new certified public accountant, Plaintiffrequested from Defendant Greene copies of her California sales tax returns and proofsof payment since she had always turned over her sales records to Defendant Greeneand gave a check made payable to Greene in an amount he told her was due the State.Defendant Greene refused to provide the information to Plaintiff, claiming he was notobligated to do so since, he claimed, she owed him accountancy fees. In so acting,Defendant Greene breached his professional responsibility under California State Board

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1 of Accountancy Rules of Professional Conduct, Article 9 68, which requires a2 licensee upon request by a client to release a client's records, which the sales tax3 returns were, and speCifically states: 'Unpaid fees do not constitute justification for4 retention of client records.'5 15. Defendant Greene's claim of fees was specious and untrue and designed as6 justification and pretense to avoid disclosure of self-dealing and conflicts of interest by7 Greene. In fact, the parties had developed a barter system over the years. Plaintiff8 provided counseling services in exchange for accountancy services and financial9 advice. Further probing of Defendant Greene by Plaintiff elicited the admission from

1 Defendant Greene that he had treated her business as a subsidiary of his owned andcontrolled California Consulting Group. Greene continues to fail and refuse, to provide12 to Plaintiff copies of her sales tax returns and proofs of payments.13 16. Plaintiff did not authorize or consent to have her personal business treated14 as a subsidiary of California Consulting Group.15 17. Plaintiff requested from Defendant Greene copies of their basic retainer16 agreement and invoices he claimed were unpaid. She also requested any signed17 documents that memorialized her authorization to treat her business as a subsidiary of18 California Consulting Group. Defendant Greene failed and refused, and continues to19 fail and refuse, to provide her the information.2

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FIRST CAUSE OF ACTION FOR QUIET TITLEAgainst All Defendants)

18. Plaintiff incorporates the allegations of paragraphs 1 through 17 above as23 though fully set forth hereat.24

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19. Pursuant to CCP 760.010, et seq., Plaintiff seeks to quiet title against theclaims of defendants as follows: the claims of defendants are without any right whateverand such defendants have no right, title, estate, lien, or interest whatsoever in theabove-described real property or any part thereof.

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1 20 Plaintiff seeks to quiet title as o the date o the filing o this complaint with the2 court.3 SECOND CAUSE OF ACTION FOR CANCELLATION OF INSTRUMENT4 PURSUANT TO CIVIL CODE 34125 Against Al l Defendants)6 21. Plaintiff incorporates the allegations o paragraphs 1 through 20 above as7 though fully set forth hereat.8 22. The 2003 Promissory Note and Trust Deed is void or voidable due to its9 fraudulent nature and the forged signature o Plaintiff, in that it is violative o the usury

1 laws o the State o California and does not qualified for any exemption therefrom, and11 for the reasons set forth in paragraphs 37 through 46, each o which is herein12 incorporated by this reference.13 23. If left outstanding, there is a reasonable apprehension that it may cause14 serious injury to Plaintiff.15 24. Plaintiff seeks an adjudication and order pursuant to Civil Code 3412 that16 the 2003 Promissory Note and Trust Deed be delivered up and canceled.1718

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THIRD CAUSE OF ACTION FOR DECLARATORY RELIEFAgainst All Defendants)25 Plaintiff incorporates the allegations o paragraphs 1 through 24 above as

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26. An actual controversy has arisen and now exists between Plaintiff andDefendants concerning their respective rights and duties under the 2003 PromissoryNote and Trust Deed and title in the Subject Property. Defendants contend that the2003 Promissory Note and Trust Deed is valid and the note due and payable. Plaintiffdisputes these contentions and contends that the instrument is fraudulent and notexecuted by her. Plaintiff further contends that: a) the interest rate set forth in the 2003Promissory Note and Trust Deed is usurious, unlawful, and uncollectible and, b) she

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1 has made zero payments on either the principle or interest which were, pursuant to the2 terms of the note, due 5 years and 30 days from February 22, 2003, or by March 22,3 2008, and therefore, pursuant to CCP 337, her obligation to pay, if it ever existed,4 which she disputes, has been extinguished as beyond the 4-year statute of limitations5 for an action based on "any contract, obligation or liability founded upon an instrument6 in writing."7 27 Plaintiff is harmed and continues to suffer by this unsettled state of affairs in8 that a cloud exists on her title to the Subject Property, impairing her equity and free9 enjoyment of the property. A judicial declaration pursuant to Cal. Civ. Proc. Code

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1060 is therefore necessary and appropriate at this time so that Plaintiff's rights andduties under the 2003 Promissory Note and Trust Deed may be determined withcertainty.

28 Plaintiff requests a judicial determination of her rights and duties under the2003 Promissory Note and Trust Deed and of her right to title in the Subject Property.

FOURTH CAUSE OF ACTION FOR SLANDER OF TITLE_ Against All Defendants)

29 Plaintiff incorporates the allegations of paragraphs 1 through 24 above asthough fully set forth herea .

30 The tort of Slander of Title involves the action of one who, without a privilege2 or justification to do so, publishes matter which is untrue and disparaging to another's21 property and results in pecuniary damage.22 31 Defendants, without privilege or justification, forged or caused to be forged23 Plaintiff's signature on the 2003 Promissory Note and Trust Deed, or in reckless24 disregard for whether Plaintiff had actually signed the instrument, and then published25 the 2003 PromiSSOry Note and Trust Deed by recording it in the official records of Los26 Angeles County.7

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. 1 32 The claim of an interest in title on the Subject Property by virtue of Plaintiffs2 signature on the 2003 Promissory Note and Trust Deed is untrue; Plaintiff did not3 execute the document, nor authorize anyone to do so on her behalf.4 33 The published 2003 Promissory Note disparaged and continues to disparage5 Plaintiffs property as a cloud to her title to the Subject Property, and has impaired and6 continues to impair her equity in and free enjoyment of the property, and has resulted in7

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actual economic damage to her in that she is unable to refinance the Subject Propertyat the more advantageous interest rates which would otherwise be currently available toher.

34. As a proximate cause of the slander of her title in the Subject Property,Plaintiff has been damaged in an amount to be proven at trial and which includes, inaddition to the interest rate differential above alleged, the costs and attorney s feesnecessarily incurred in clearing the slandered title.

35. The conduct of Defendants, and each of them, is malicious, oppressive, andfraudulent as those terms are defined in Civil Code 3294 and, therefore, justifies theimposition of punitive damages. More specifically, (1) Defendant Greene, as Plainti ffscertified public accountant and financial advisor engaged in self-dealing andundisclosed conflicts of interests, and attempted to profit unlawfully by collectingusurious interest; (2) Plaintiff is informed and believes and thereon alleges thatDefendant Greene forged or caused to be forged Plaintiffs signature by using copies ofPlaintiffs signature on financial documents obtained by virtue of his professionalrelationship with Plaintiff; and (3) upon infomnation and belief, Defendants engaged in ascheme to profit off Plaint iffs business by use of the 2003 Promissory Note and TrustDeed in a manner not fully understood by Plaintiff t the time of the filing of this action,and without her knowledge and consent.

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1 FIFTH CAUSE OF ACTION TO VOID CONTRACT FOR2 UNCONSCIONABLENESS PURSUANT TO CIVIL CODE 1670 53 Against Defendant Greene)4 36. Plaintiff incorporates the allegations of paragraphs 1 through 24 above as5 though fully set forth hereat.6 37. Defendant Greene is a California licensed Certified Public Accountant.7 38. Under Article 9, Section 65 of the California Board of Accountancy8 Regulations, all CPA licensees must comply with the American Institute of CPA's9 ( AICPA's ) Code of Professional Conduct.

1 39. The AICPA's Rule 101 states: A member in public practice shall be11 independent in the performance of professional services as required by standards12 promulgated by bodies deSignated by Council.13 40. AICPA's Rule 101 is interpreted by the AICPA to mean that Independence of14 a CPA Shall be considered to be impaired if: (A) During the period of professional15 engagement a covered member (1) Had or was committed to acquire any direct or16 material indirect financial interest in the client... [or) (4) Except as specifically permitted17 in interpretation 101-5, had any loan to or from the client. . (The alleged loan to Plainti18 is not covered as an exception.)19 41. Additionally, California State Board of Accountancy Rules of Professional2 Conduct, Article 9 , 57 provides: A licensee shall not concurrently engage in the21 practice of public accountancy and in any other business or occupation which impairs22 the licensee's independence, objectivity, or creates a conflict of interest in rendering23 professional services.24 42. Civil Code 1670.5(a) states25267

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If the court as a matter of law finds the contract or any clause of the contract tohave been unconscionable at the time it was made, the court may refuse to enforce thecontract, or it may enforce the remainder of the contract without the unconscionable

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1 clause, or it may so limit the application of any unconscionable clause as to avoid any2 unconscionable result.3 43. The 2003 Promissory Note and Trust Deed is unconscionable for the4 following reasons: (a) Defendant Greene violated his professional responsibilit ies by5 entering into a loan with Plaintiff during his professional engagement of Plaintiff; (b)6 upon information and belief, Defendant Greene engaged in self-dealing with Plaintiff in7 which the 2003 Promissory Note and Trust Deed was part of a scheme by Defendants8 to personally profit or evade taxes; (c) Defendant Greene concealed from Plaintiff his9 self-dealing; (d) Defendant Greene did not obtain the informed consent of Plaintiff to

10 participate in Defendants' scheme; (e) Plaintiff did not knowingly execute or consent to11 the execution of the 2003 Promissory Note and Trust Deed, nor its recording, and (f) the12 subject promissory note prepared by Defendant Greene includes a usurious rate of13 interest, which in and of itself, is unconscionable.14 44. Additionally, Defendant Green's conduct related to the 2003 Promissory15 Note and Trust Deed, as alleged herein above, constitutes unprofessional conduct as16 set forth in Business & Professions Code ( B & PC ) 5100, to wit: 5100(c)17 (diShonesty, fraud & gross negligence); 5100(i) (fiscal dishonesty or breach of18 fiduciary responsibility of any kind); and 5100(k) (obtaining money, property or other19 valuable consideration by fraudulent means or false pretenses).2 45. Defendant Greene's conduct as alleged herein was willful and knowing21 and/or with complete and reckless disregard of the emotional or financial ramifications22 that would surely befall Plaintiff, and was in flagrant breach of his fiduciary duties owed23 to Plaintiff.24 46. Plaintiff therefore requests a finding that the 2003 PromiSSOry Note and Trust25 Deed is unconscionable and VOid and an order that Defendants reconvey the trust26 deed.27

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1 SIXTH CAUSE OF ACTION FOR BREACH OF FIDUCIARY DUTIES2 Against Defendant Greene)3 47. Plaintiff incorporates the allegations of paragraphs 1 through 46 above as4 though fully set forth hereat.5 48. At all times relevant, Defendant Greene created, accepted and acted in a6 fiduciary relationship of great trust that required him to avoid self-dealing and conflicts7 interests and to always act in the best interests of Plaintiff, including her property,8 business, and financial interests, and which also included duties of honesty, loyalty and9 full disclosure to his client.

1 49. In acting as alleged herein above, Defendant Greene breached his fiduciary11 duties owed to Plaintiff as he has acted and continues to act for his own benefit and to12 the detriment of Plaintiff. On information and belief, Plaintiff alleges that Defendant13 Greene has conducted his accountancy practice with regard to Plaintiff s affairs in a14 manner replete with self-dealing and schemes designed to evade taxes and otherwise15 profit off his client.16 50. As a proximate result of Defendant Greene s breach of fiduciary duties,17 Plaintiff was damaged according to proof at trial.18 51. The conduct of Defendant Greene was willful, intentional, purposeful, and19 done with the sole intention to personally profit to the detriment of Plaintiff.2

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52. The conduct of Defendant Greene, as alleged herein, is malicious,oppressive, and fraudulent as those terms are defined in Civil Code 3294 and,therefore, justifies the imposition of punitive damages.

SEVENTH CAUSE OF ACTION FOR UNFAIR BUSINESS PRACTICESAgainst All Defendants)

53. Plaintiff incorporates the allegations of paragraphs 1 through 24 and 26,above, as though fully set forth hereat.

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1 54 Plaintiff brings this action pursuant to B PC 17200 which prohibits any2 unlawful unfair or fraudulent business act or practice. In this cause of action only3 Plaintiff not only sues individually but sues on behalf of the general public.4 55 On information and belief Plaintiff alleges that Defendants are engaged in5 tax schemes involving the placement of fraudulent promissory notes and trust deeds on6 real property of their clients with or without the knowledge and consent of their Clients7 and involving the false and fraudulent reporting of sales taxes of retail businesses8 through California Consulting Group with or without the knowledge and consent of their9 clients.

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56. Plaintiff is further informed and believes and thereon alleges that Defendantspractices are unlawful unfair and fraudulent as those terms are defined in casesinterpreting B PC 17200.

57 On information and belief Defendants practices are continuing and dateback at least to 1998 and extend to more persons than Plaintiff.

58. s a direct and proximate result of the unfair and deceptive acts andpractices committed against her personally Plaintiff has been damaged in an amount tobe proven at trial.

59. Plaintiff also seeks an accounting of her sales tax returns and those ofCalifornia Consulting Group as they may relate to Plaintiffs retail art business and theactual returns filed on her behalf.

60. Plaintiff seeks disgorgement of any profits or benefits derived by Defendantsoff the 1998 and 2003 promissory notes secured by trust deeds and off her retail artbusiness or other personal affairs.

61 Plaintiff further seeks an order that Defendants reconvey the 2003 trustdeed.

62 On behalf of the general public Plaintiff seeks a preliminary and permanentinjunction against Defendants from further engaging in the unlawful unfair and

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1 fraudulent acts and practices and a disgorgement of profits derived by Defendants at2 the expense of other clients.3 63. Plaintiff is entitled to reasonable attorney's fees for bringing this action.4 EIGHTH CAUSE O ACTION FOR NEGLIGENCE5 Against Defendant William Greene)6 64. Plaintiff incorporates the allegations of paragraphs 1 through 24, and 26,7 above, as though fully set forth herea .8 65. t all times relevant, Defendant William Greene, acting as Plaintiff's9 Certified Public Accountant, had a duty to exercise the reasonable care and skill of a

1 certified public account and to follow California's professional rules, regulations and11 statutes regulating the practice of accountancy, which include, inter alia: refraining from12 acts of dishonesty, fraud and gross negligence B & PC 51 OO c)); refraining from fiscal13 dishonesty or breach of fiduciary duty of any kind B &PC 5100(i)); refraining from14 preparation offalse financial reports (B &PC 51000)); and releasing client records15 when requested of the client, not engaging in any other business or occupation which16 impairs the licensee's independence, objectivity or creates conflicts of interests:17 (California State Board of Accountancy Rules of Professional Conduct, Article 9 68,18 and 57, respectively.)19

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66. In taking the actions alleged herein above, and in failing to take the actionsas alleged herein above, Defendant Greene breached his duty of care and skill toPlaintiff by failing to obtain Plaintiff's notarized signature on the 2003 Promissory Noteand Trust Deed; by failing to obtain Plaintiff's informed consent to record the note; byfailing to apprise her of the usurious nature of the rate of interest that he proposed tocharge and by failing to apprise her that such a loan and interest rate could only beprocessed through a licensed independent third party broker; by failing to obtainPlaintiff's informed consent to record the note; by failing to obtain Plaintiff's informedconsent to treat her retail art business as a subsidiary of Defendant Greene's California

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1 Consulting Group regarding California sales taxes; and by failing to maintain separate2 California sales tax filings for Plaintiff which created a conflict of interest with Defendant3 Greene and led him to treat the portion of California Consulting Group s sales tax4 returns relating to Plaintiffs business as not belonging to Plaintiff, thereby denying her5 copies of her sales tax returns and proof of payment. Additionally, Defendant Greene6 breached his duty of care and skill to Plaintiff by taking actions against her when he7 demanded payment in full on the purported 2003 Promissory Note and Trust Deed that8 he did not have the legal authority to do nor for which he could otherwise charge her at9 a usurious interest rate; and by failing to immediately reconvey the note and trust deed

1 upon notice from Plaintiff that her signature was forged, that she did not know or11 authorize the recording of the instrument, that the interest provision in the note was12 usurious and unlawful, and that the principle was also time-barred by the terms of the13 note, and her demand that he do so Defendant Greene also breached his duty of care14 and skill to Plaintiff by refusing to provide her copies of her sales tax returns and proof15 of payment when requested by her.16 67. s a direct and proximate cause of Defendant s negligence. Plaintiff, and her17 propertY,were damaged according to proof at trial.18 68. Further, the errors and omissions of Defendant Greene constitute negligence19 per se pursuant to Evidence Code 669, thereby creating a presumption of negligence,2 because: (a) his actions and failures to act as herein alleged violated a statute,21 ordinance, or regulation of a public entity, as cited herein above; (b) the violation22 proximately caused injury to Plaintiff and/or her property; (c) the injury resulted from an23 occurrence of the nature which the statute, ordinance, or regulation was designed to24 prevent; and (d) Plaintiff, the person suffering the injury to her person or property was25 one of the class of persons for whose protection the statute, ordinance, or regulation26 was adopted.2728

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:AS TO THE FIRST CAUSE OF ACTION:

1. For a judgment quieting title in Plaintiff as the owner of the Subject Propertyby declaring that Defendants have no interest in the property adverse to the Plaintiff;

2. For costs of suit according to proof; and,3. For other such relief that may be granted to Plaintiff as the Court deems just.

AS TO THE SECOND CAUSE OF ACTION:1. For an order that the deed of trust recorded October 9 2003 against the

Subject Property be delivered up and canceled;2. For costs of suit according to proof; and,3. For other such relief that may be granted to Plaintiff as the Court deems just.

AS TO THE THIRD CAUSE OF ACTION:1. For a declaration that Plaintiff owes nothing under the 2003 Promissory Note

and Trust Deedand an order that Defendants remove the cloud to Plaintiffs title in theSubject Property and reconvey the trust deed.

2. For costs of suit according to proof;3. For reasonable attorney s fees under the contract or by statute; and4. For other such relief that may be granted to Plaintiff as the Court deems just.

2 AS TO THE FOURTH CAUSE OF ACTION:21 1. For an order that the deed of trust recorded October 9 2003 against the22 Subject Property be delivered up and canceled;23 2. For damages, including attorney s fee necessarily incurred in clearing the24 slandered title, according to proof;25 3. For punitive damages according to proof;26 4. For costs of suit according to proof; and,7 5. For other such relief that may be granted to Plaintiff as the Court deems just.28

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1 AS T THE FIFTH CAUSE OF ACTION2 1 For a finding that the 2003 Promissory Note and Trust Deed is3 unconscionable and void, and an order that Defendants reconvey the trust deed;4 2 For costs of suit according to proof; and,5 3 For other such relief be granted to Plaintiff as the Court deems just.6 AS TO THE SIXTH CAUSE OF ACTION78

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1 For damages, according to proof;2 For punitive damages according to proof;3 For costs of suit according to proof; and,4 For other such relief that may be granted to Plaintiff as the Court deems just.

AS TO THE SEVENTH CAUSE OF ACTION1 For damages, according to proof;2 For an order that Defendants reconvey the 2003 trust deed.3 For an Accounting of Plaintiff s sales tax returns and those of California

Consulting Group as they may relate to Plaintiff s retail art business, and the actualreturns filed on her behalf.

4 For disgorgement of any profits or benefits derived by Defendants off the1998 and 2003 promissory notes secured by trust deeds and off her retail art business

19 or other personal affairs.20 5 On behalf of the general public, Plaintiff seeks a preliminary and permanent21 injunction against Defendants from further engaging in the unlawful, unfair and22 fraudulent acts and practices and a disgorgement of profits derived by Defendants at23 the expense of other clients.24 6 For reasonable attorney s fees;25 7 For costs of suit according to proof; and,26 8 For other such relief that may be granted to Plaintiff as the Court deems just.27

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1 AS TO THE EIGHTH CAUSE OF ACTION:2 1 For damages according to proof;3 2 For costs of suit according to proof; and4 3 For other such relief that may be granted to Plaintiff as the Court deems just.5

6 Date: October 4 2012

8 :W0 i;;;;;;:;ZCarl E Kohlweck Attorney for Plaintiff

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VERIFIC TION

I the undersigned, certify and declare that I have read the foregoing and know itscontents. I am a party to this action. The matters stated in the documents describedabove are true of my own knowledge and belief except as to those matters stated oninformation and belief, as to those matters I believe them to be true.

Executed on October 4 2012, in Los Angeles, County of Los Angeles, California.I declare under penalty of perjury under the laws of the State of California that

the foregoing is true and correct.

S ~ ~ P I ' ; t i f l

COMPL INT 18


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Karen de l Carriere v William N Greene et al EXHIBIT


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. . < . . . . . . . . . . - ,, -_. . . . . . .

RECORDING REQUESTED BY:. QLD .... CTITLI.. .When Recorded Mall Documentd Tea Stat To:Karen de 1a Car r ie re

98 1099967RECORDEDIflLED IN OFFICIAL RECORDSRECORDER S OfFICELOS ANGELES COUNTYCALIFORNIA .

JUN 30. 1998 ATlA. ..935 Nortb Serrano AvenueLos Angeles , CA 90021Escrow No.Order No.

3l062-JJ816512-44APN: 5581-24-20

__M, ___ . IORA,NT DEED ~ . A - - :::- ' - ' - I > " " ~ ~ IFE il ~ocumentary_Iartaalat 47s.lio ' Cltytaat l ,957.50 .I I compute "" ull value of property conveyed, or D , ..kI I computed on lull value less value 01 liens or eneumbtancBS remaining at tima of sata,I I Unincorporeted Area City of Loe Anseles FOR AVALUABLE CONSIDERAnoN. r *ptaf whld'lla hereIIv 1IClnawIIIdaIId. Abel L. Nosce a marr iedman as his sa l e ana sepsra te proper ty a n d a i ~ t l ~ ~ - Y Nosce, a s ing1e msn andHaria Hidel i za P Nosce, a s ing le womao and Hsria Aurora P Nasce, a Hingle womanhereby GRANTISI 10Karen de 1a Carr ie re . an unmarried womanthe foUowIng dascrlbed reel property lit the CIty of Los AngelesCounty of Lo s Ange Ie s _ of CaIIfGmIa:Lot 45 of Tract No. 3823. as per map recorded in Book 41 Page 78 of maps.in tbe of f ice of the County Recorder of sa id County.

DATED: May 27 1998 J t i ; PnCOUNTY F 1...i ' ~ ~ ~ . belore me. . If3 f p e ~ B f . n a l l y BP(H aredC L 1 ~ ft1J. tHi: (u, Nllf el J I M 4 ~ ~ ~ l f . . . { f o ~ ~- Mariapersonallv known 10 me lor proved to me on the basisof satisfectory evidence) to be Ihe parsonlsl whose J , I t . ~ ; ~ ( ) . ~ . ; >==-.jfc.:.,. : , . t Z ~ I ' ~ ' : : : = : - _narnels) is/ere subscribed to the within instrument and :: - -Keria Aurora P. Noseeacknowledged to me thet helshelthey executed thesame In hlsihsrlthelr authorized capeeityCiesl. 'end thetby hlsiher/lheir slgnaturelsl on the instrument thepersonis), or the emlty upon behalf of which thepersonCsi acted. executed the instrument.Witness m1i'f 'mal seal.Signature ~ f L

MAlt. TAX STATEMENT AS DIRECTED ABOVE.UII-131"",, B GIWfI DEED


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Karen de la Carriere v Will iam N. Greene et al. EXHIBIT


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This page la part of your document - DO NOT DISCARD

03 3025404. \

4:21 PM OCT 9 2003

TITLE(S) :

FEE FEE AA O T TOAF ~ =-20 g2--1 :: JC">CODE20 =

CODE9

CODE


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AND WKBI RECORDED MAIL nas t D AMJ. UNt UsDTMERWISE SNDWN aaow, MAll TAX ST1TEMDm1 1'0:~ c . : A f . , ~ f ~ , I } C O J I C j ( J U 1 1 J C ~=. 1031 /II. {IlJtfJO Art sre 1 1em :;A.. QNlf.1A d t q i 7 ~ J

03 3025404

THIS DEED OF TRUST. mode this ~ day ', , r : e ~ 6 : : : . . . : . " 1 . f r J . . : J l g , , . , ~ . t - - - - - - - - - - - 'between K' ReN pg. l IL AOpp .eye .:.. = : _ - - : : : - - - - - - - - - - - - - : - - - - - . r - - - - - - ~ . herein called Trustor.

whose_ I I 'US N. S f.6?At,to L,s AN (U :u s cA q )021Ale) tMI1l (CItY) rS'.T(] D'I

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. .ThIs Deed of Trust Ie fOf the purpose of securing: 1. Payment of the indebtedness in the principal Bum of evidenced by that certain promissory note of even date herewith made by Trulltor; or anyone of them. payable to Beneficiary or ;order and any extension or renewal thereof. wh ich promissory note is s u b s ~ a n t i a y in the following form: 2. Performance ofoach agreement of Trustor contained or incorporated herein by reference; 3. Payment of suchsums as may be adVanced byBeneficiary or Trustee to protact the sacurity in accordance with the tarms of this Deed of TrUll, plus interesl t t therate se1 forth in said promissory note; and 4. Payment of such further aurne 88 may be advanced by Beneficiary when evidencedby another promissory note lor promissDry notes, r ~ t i n g it is aD aecured.

PROMISSORY NOTE - STRAIGHT - SECURED BY DEED OF TRUST,OM - - = R ~ r e - = 5 = = - ?tJo3,

_ . . . . . . l , 5 L . J ' i ~ t w , t J 1 i ~ - ; ; : : : B t ? 1 4 ~ r , ~ . , , ~ ; ; ; o v ~ 3 f S t - _ ' - - after da for value received, theundarsigned makerla proml.elsl to pay tDAn. ~ NIDIDIt v;:;; fC8/,(;:{,(h,)iir JiTnfiuU(Wc. . taUD- i

the sum of M UUtJllE t,.D fJ@with intereat from v Fef3 B_--II:::9w* percent per annum. payable - - U L J ' - - ' - < ; L . - I < = - . q s I U l ' ' - ' I . o = ~ ' ' ' ' ' ' ' ' ' ' ' ' . J A ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' - ' ' o ; . . . . . : > U . ' - > i f - ' -Should interest not be paid when due. it shall thereafter bear like interest 81 the U ICipaI, but such unpaid . 8t 80compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximwn rate permitted by law.Should defautt be made in payment of intentSt when due. the whole sum of principal and accrued interest ahllli becomeimmediately due. without notice. at the option of the holder of this note. Interest after matwity will accrue at the rete indicatedabove. Princlpel and inlere.1 are payable in lewful money of the United Stete.. Eacih maker will be jointly and severally Bable,and consents to the acceptance of security or. substituted security for this note. and waives presentment, demand and proteStand the right co a8sart any staMe of limitations. A married person who ligns this nota agraa8 that recoursa may be had againsthislher ,8eparate property for any obligation contained herein. If any ection be instituted on this nota. the undersignedprom;C_I '0 pay ouch sum as the Court may fix as attomey . feel. This Note is secured by a Deed of TNSt of avendate herewith.

To protoct urlty 01 this Deed of Trust, Trua.or agrees:(1 I To keep the property in good condition and repair; not to remove, substantially attar or e m o ~ h any building thereon; tocompleta or restore promptly and in good and workmanlika manner any building which may be constructed. damaged Or destroyedthereon and to pay when due an claims for lebor performed end msterials furnished therefor; to comply with aD laws affecting theproperty or requiring any alt8fations or improvements to be made thereon; not to commit or permit waste. thereof; not to commit.suffer or permit any act upon the property in viofation of faw: to cultivate. irrigate. fertJlize, fumigate, prune 'and do all other actawhich rom the charactei or use of the property mey be rS8Ionabty necessary, the spscific enumeration. herem not exduding thegeneral. .(2) To provide. maintain and deliver to 8eneficlary tite and, jf required by Beneficiary. other Insurance sa tisfactory to and withloss payabiB to Beneficiary. The amount collected under any fire or other insurance policy. may be applied by BenefiCiary upon any Qindebtedness secured hereby and in such order as Beneficiary mey determine. Of at option of Beneficiary the entire amount so C:)collected or any part thereof may be released to Trustor, Such aPPlication or rmease shall not cure or waive eny default or notice

of defauft hereunder or invalidate any ect done pursuant to. such notice. eo(3) To appear in and defend ~ y action or proceedinQ purporting to effect the security hereof ~ the ~ i g h t s or powers oPBeneficiary or Trustee; and to ehe extent permitted by law, to pay aU costs and expenses . including the cost of evidence o f title andanomey s tees. in any such action or proceeding in which 8enefM:iary or Trustee may appear. and in any suit brought by Beneficiaryto fo,eclose this Oeed of Trust or enforce the rights of Beneficiary or TNStee her8\.Wlder.(4) To pay: at least ten days before delinquency all tueland aueslments affecting the ptopeny. including assessments onappurtenant water stock; when due, allanctlfT1brances. charges and liens. with Interest. on the property or any part theraot, whichappear to be prior or superior hereto; and all costs. fees and expenaes of this Trust to the.exeent permitted by law.(5) Should Trustor fail to make any payment or to do any act as herein provided. then Beneficiary or Trustae. but withoUtobligation to do flO. and without notice to or demand upon Trustor; and withou t releaSing Trus,or from any obligation hereof. may:make or do the 8ame in such manner end to such extent as either may deem necessary to protec t the security hereoi. BeneficiarY

RECORD PAGES 1 2. 3 6. 4 ONlY, P.ge 2 of 6


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i

========a= = = ~ = = = ~ -or Trustee being aythorized to enter upon the prOperty for such purposes; appear in and defend any action or proceeding u p o r t i ~ gto affect the secUrity hereof or the rights or powers of Beneficiary or Trustee; pay. purchase. contest or compromise anyencumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and. in exercising any such l tpowers. pay necessary expenses. emJ)loy counsel and pay his reasonable fees. 1

16 To pay immediately and without demand lilums expended bV Beneficiary or Trustee pursuant to the terms of this Deedof Trust. wnh interest from date of expenditure at the rate aet forth in the aforesaid promissory note.q) That any award of damages in connection with any condemnation for public use or injury to said property r any partthereof ;s hereby assigned and shall be paid to beneficiary who may apply or release such moneys received by him in the same

maMer and with the same effect as above provided for disposition of proceeds of fire or other insl.D'ance .(8) That by accepting' P6Vmem o any sum secured here y after its due date. Beneficiarv does not waive his right either toreQuire prompt payment when due of all other sums so secured or to declare default for failure so to pay.91 That at any time. or from time to time: without liability there'or and without notice, upon wrinen request of Beneficiaryend presentation of this Deed of Trust Bnd said promissory note for endorsement. and without affecting the pcrsonaillability of anyperson for payment of the indebtedness secured hereby, Trustee may: reconvey any part of the property; consent to the making

of any map or plat thereof; join in granting any easement thereon; or join in Bny extension agreement or Bny agreement subordinatingthe lien or charge hereof.j t 01 That upon written request of Beneficiary stating that aU sums secured hereby havs been paid, and upon surrender of thisDeed of Trust and said promissory note to Trustee for cancellation and reterition and upon repayment of its fees, Trustee shallreconvey. without warranty. the property then hald hereunder. The recitals in such reconveyance of any matters or facts shall beconclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as -the person or persons legallyentitled thereto.j1 1 I That as additional security. Trustor hereby gives to and confers upon Beneficiary the righ t, power and authority. duringcontinuance of these Trusts, to colfect the rents, issues and profits of the property. reserving unto Trustor the right, prior to anyde1ault by Trustor in payment of any indebtedness secured hereby or in performance 01 any agreement hereunder, to collect endretain such rents, issues and pro1its as they become due end payable. Upon any such defaul t, Beneficiary may at any time withoutnotice, either in person. by agent. or by 8 receiver to be appointed by a court, and without regard to the adequacy of any securityfor the indebtedneu hereby secured, enter upon and take possession 01 the propeny or any part thereof. in his own name lue foror otherwise collect such rents issues and profits, including those past due and unpaid, and apply the same, le88 costs and expenses01 operation and collection, including reasonable attorney's 1ees. upon any indebtedness secured hereby, and in such order asBeneficiary may determine. The entering upon Bnd taking possession of the property. the collection of such rents, issues lind profitsand the application tnereo' as aforesaid. shall not cure or waive any default or notice of default hereunder or invalidate any act donapursuant to such notice.(12) That upon default by Trustor in payment of any indebtedness secured hereby or' in performance of any agreementhereunder. Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee 01 writtendeclaration of default and demand 10r sale and of written notice of delault and of election to cause to be sold the property, whichnotice Trustee shall cause to be filed for record. Beneficiary shall also deposi t with Trustee thia Deed of Trust. said promissory noteand all documents evidencing expenditures secured hereby.

After the lapse of such time as may then be required by law following the recordation 01 said notice of default. and noticeof sale having been given s then required by law, Trustee. without demand on Trustor, ahaUsellaaid property at the time and placefixed by it in said notice of sale. either as 8 whole or in separate parcels, and in such order as it may determine. at public auctionto the highest bidder for cash in lawful money of the United States. payable at time of sale. Trustee may postpone sale of all orany portion of said property by public announcement at such time and place of sale. and from time to time thereafter may postponesuch sale by public announcement at the time fixed by the preceding postponement. Truslee shall deliver to such purchaser its deedconveying the property so sold. but without any covenant or warranty. expressed or implied. The recitals in such deed of anymatters or facts ehall be conclusive proof of the truthfulness thereof. Any person, including Trustor. Trustee, or Beneficiary a8hereinafter defined. may purchase at such sale.

After deducting all costs. fees and expenses of Trustee and of this Trust to the extont permitted by law, including the costof evidence of title in connection with such 88le, Trustee shall apply the proceeds of 881e to payment of: all sums expended underthe terms hereof. not then repaid, with accrued interest at the rate set forth in the aforesaid promissory note; all other syms thenSDCured hereby; and the remainder. if any. to the person or persons legally entitled thereto .Immediately after such sale. Trustor shall surrender possession of the property to the purchaser. in the event poss88sionhas not previousty been surrendered by Tr.ustor, and upon failure to vacate the propeny, Trustor shall pay to the purchaser thereasonable rental value of the property. andlor 8t purchaser's option. may be dispossessed in accordance with the law applicableto tenant's holding over. .

1131 That Trustor. or if the property shall have been transferred. the then record owner. together with Beneffciarv. may fromtime to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, wtlichinstrument, executed and acknowledged by each and recorded In the oUice of the recorder of the county or counties where theproperty is situated. shall be conclusive proof of proper substitution of such successor Trustee or Trustees, wl'lo shall, withoutconveyance from the Trustee predecessor. succeed to all its title. estate. rights. powers and duties. Said instrument must containIhe name of the original Trustor. Trustee and Beneficiary hereunder, the book and page where this Deed is recorded, the name andaddress of t ~ e new Trustee. and such other matters as may be required bV law. If notice of default shall have been recorded. this

RECORD PAGES 1. 2. 3 &. 4 ONLY. Page 3 01 603' a,()254 04


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power tsubstitution cannot exercised until after the c ~ t s , fees, and expenses of the then acting Trustee shall, ha,ltB been o a i d ' ~to such Trustee. who shall endorse receipt thereof upon such instrument of substitution. The procedure herein provided forsubstitution of rrustees shall be exclusive of all other provisions for substitution, statutory or otherwise. to the extent permitted by Ilaw.(141 That this Oeed of Trust applies to. inures to the benefit 0', and binds all panies hereto. thei, heirs, legatees, devisees.administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of

the promissory note secured hereby. whether Of' not named as Beneficiary herein. In this Deed of Trust, whenever the context sorequirel, the mascutine gender includes the feminine and/Of neuter. and the sinQu:lar number includes the plural. and all obligationsof each Trustor hereunder are joint and several.115) That Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged. is made a public record asprovided by law. TrUSlee i. nOI ol ligaled 10 norlly ny party herelo 01 pending sale under, ny olher Deed 01 Trusl or 01 any aClionor proceeding In which TrustOt. Beneficiary. or Trustee shall be party unless brought by Trust.(16) Without affecting the liability of Trustee or of any other party now or hereafter bound by the terms hereof for any obligationsecured hereby. Beneficiary may. from time to time and with Dr without notice 8S he ahall determine. rel88s8 Bny person now orhereafter liable for the performance of such obligation. extend the time for payment 1 performance, accept additional security. andalter, substitute or release any security.(17) Trustee or Beneficiary may enter upon and inspect the premises at any reasonable time.{18} No remedy hereby given to Beneficiary or Trustee is exclusive of any other remedy hereunder or under any present or futurelaw. No delay on the part of Trustee or Beneficiary in enforcing their respective rights or remedies hereunder shall constitute awaiver thereof. .(19) Trustor waives tho right to assert at 8 ~ y time any statute of limitations a8 a bar to any action brought to enforce anyobligation hereby secured.20, Should Trustor. wi thout Beneficiary's wr itten consent. voluntarily sell; transfer orconvey his interest in the property or any

pan thereof, 1 if by operation of law. it be sold. transferred or conveyed. then Beneficiary may. at its option. declare all sumssecured hereby immediatety due and payable. Consent to one such transaction shall not be deemed 10 be a waiver of the right torequire such consent of future or successive transactions.(21) The invalidity or unenforceabilily of any provision herein shall not affect the validity and enforceability of any otherprovision.

Each undersigned Trustor requests that a copy of any Notice of Default and of any Notice ot Sale hereunder shaD be mailed to him8t the addreSs hereinabove set f o r t ~ _x ~ < J . e A . - ~

S T A T ~ ~ ~ ~ ~ ~ ~ T - ____COUNTY OF."'-..... . L j ~ ~ ~ = : O - _ RIGHT THUMBPRINT {()plio .I'ripersonstly appeared

pro 10 me on t Sla a 511 .ctaryevidenceJ to be the peflon)a1 whose neme(N, ~ S U b a C r i b e d tothewithin i n S I r U ~ t and acknowledged to me lhal y utedthe IIJntli". his e their authorized capacilYlldJ. and t y his their. ~ n . t \ J ' . ' on instrument the personOiC 1 the entity upon ' I O I I ~ : - - .......which It\e PI so"'?( Dcted. executed tho instrumem, e .ATERNlA SOLOMONWITNESS my hand and oftlciel .cal. i Commission 812479052 NoIay I I.CIIc: - CoJIIanIa fJ los Angeles Cauntr -:J u ' Y ~ e : ' - - : ~ z : 1

RIGHT THUMBPRINT IOp1ion8l1

zI8~ P A C I 1 Y CLAIMED BY SIGNERIS,INDIVIDUAl,SICORPORATE

OFfiCERS -----rrmtiiT--(Imli,1o PARTNER,S) 0 LIMITEDo GENERALo ATTORNEY IN FACTo TRUSTEEIS)8 ~ : . F N / C O N S E R V A T O RSIGNER IS AEPRESfNTINO:(NoW( Of PlRSONCs' 11 ENTm'hESU:

ORO PAGES 1. 2. 3 & 4 ONLY. Page 4 016 03 3025404


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/ CM 010'- ' -~ T T O R N E Y OR PARlY YJlTHOUT ATTORNEY (Na ., Slata Bar nurrilef, and1Jda8ss : - ~ VCarl E- Kohlweck, SBN 087139 Los Angeles Superior CounLaw Offices of Carl E- Kohlweck28437 Plainfield Drive, Rancho Palos Verdes, CA 90275 OCT 05 2 12ELEPHOHENO,310-480-3423 FA''''' '. ' 310-377-8572

ATTORNEY FOR (NomoI PlaintiffKaren de la CarrierelSUPERIOR COURT OF CAUFORNIA, COUNTY OF Los Angeles John A. C I u t I v e Officer/CIsmeET AOORESS, III North Hope Street

MAlUNGAIlCOESS, III North Hope Street By SHA ESLEY ' DeplClTYANOZIPCOOE, Los Angeles, CA 90012

SRANCH NAME, Central - Stanley Mosk CourthousCASE NAME:CIVIL CASE COVER SHEET Complex Case Designation CASE NlNBE R; BC49339ZJ Unlimited 0 Umited o Counter o Joinder(Amount (Amountdemanded demanded is Filed with first appearance by defendant JUDGE:exceeds 25,000) 25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:ems 1-6 be ow must be completed see instructions onpage 2).

I. Check one box below for the case type that best describes this case:Auto Tort Contract Provisionally Complex Civil UtlgationB uto(22) 0 Breach of contractlwarranty (06) (Cal. Rules 01 Court, rut . ~ . 4 0 3Uninsured motorist (46) 0 Rule 3.740 collections (09) 0 Antitrust.frrade regulation (03)Other PUPDIWD (Personat Injury/Property 0 other collections (09) 0 Construction defect (10)Damage/Wrongtut Death Tort 0 Insurance coverage (18) 0 Mass tort (40)o Asbestos (04) 0 other contract (37) 0 Securities litigation (28)o Product liability (24) Real Pr_rty 0 Environmentalrr oxic tort (30)o Medical malpractice (45) 0 Eminent domain/Inverse 0 Insurance coverage daims arising from theo other PIIPOIWD (23) condemnation (14) above listed provisklnally oomplex caseNon-l llPDIWD (Other) Tort o Wrongful evidion (33) types (41)o Business tort/unfair business practice (07) [ZJ other real property (26) Enforcement of Judgmento Civil rights OB) Unlawful Detainer o Enforcement of judgment (20)0 Defamation (13) o Commercial (31) Miscellaneous Civil Complaint0 Fraud (16) o Residential (32) o RICO(27)0 Intellectual property (19) o Orugs(38) o Other complaint not 5pecified above) 42)0 Professional negligence (25) Judicial Review Miscellaneous Civil Petition0 other non-PIIPOIWD tort (35) o Asset lorteiture (05) D Partnership and corporate govemance (21)Ooyment o Petition re: arbitration 3Ylard (11) D Other petition not specified above) (43)WrongfUl termination (36) o Writ 01 mandate (02)E5 othet employment(15) El othet judicial review (39)

2. This case L.J is lZJ is not complex under rule 3.400 of the Califomia Rules of Court. If the case is complex, marl< thefactors requiring exceptiona1ludicial management:a. 0 Large number of separately represented parties d. 0 Large number of INitnesses

rkty

3

bO Extensive motion practice raising difficult or novelissues that will be time-consuming to resolveSubstantial amount of documentary evidencee. 0 Coordination with related actions pending in one or more courts

in other counties, states, or countries, or in a federal courtC.O I. 0 Substantial posljudgment judicial supervision3. Remedies sought check all that apply): a 0 monetary b.[ZJ nonmonetary; declaratory or injunctive relief c. [ Z p u n ~ i v e4. Number 01 causes of action specify): 85. This case 0 is [ l ] s not a class action suit.6. If there are any known related cases, file and serve a notice of related case.Date: October 4, 2012Carl E. Kohlweck

Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filedunder the Probate Code, Famity Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may resultin sanctions. File this cover sheet in addition to any cover sheet required by local court rule. If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on allother parties to the action or proceeding. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet Vlilt be used for statistical purposesCIVIL CASE COVER SHEET


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./, -- NSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM010To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example. a complaint) in a civil case, you mustcomplete and file, along IMth your first paper, the Civil Case Cover Sheet contained on page 1. This inlonmation IMII be used to compilestatistics aboul the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In Hem I, you must checkone box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in Hem I,check the more specific one, If the case has multiple causes 01 action, check the box that best indicales the primary cause 1 action.To assist you in completing the sheet, examples 1 the cases that belong under each case type in Hem 1 are provided below. A coversheet must be filed only wHh your initial paper. Failure to file a cover sheet IMth the first paper filed in a civil case may subject a party,its counsel, or both to sanctions under rules 2.30 and 3.220 1 the Califomia Rules of Court.To Parties in Rule 3.740 Collections Cases. A collections case under rule 3.740 is defined as an action for recovery 1 moneyowed in a sum stated to be certain that is not more than $25,000, exdusive of interest and attorney's fees, ariSing from a transaction inwhich property, services, or money was acquired on credit. A collections case does not include an action seeking the 10liolMng: 1) tortdamages, (2) punitive demages, (3) recovery 01 real property, (4) recovery 01 personal property, or (5) a prejudgment writ 1attachment. The identification 1 a case as a rule 3.740 collections case on this lonn means that it IMII be exempt from the generaltime-for-service requirements and case management rules, unless a defendant files 8 responsive pleading. A rule 3.740 collectionscase IMII be subject to the requirements for service and obtaining a judgmenl in rule 3.740.To Parties In Complex Cases. In complex cases only, parties musl also use the Civil Case Cover Sheet to designate whether thecase is complex. If a plaintiff believes the case is complex under rule 3.400 01 the Califomia Rules 01 Court, this must be indicated bycompleting Ihe appropriale boxes in Hems 1 and 2. If a plaintiff designales a case as complex, the cover sheet must be served IMth thecomplaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in theplaintiffs deSignation. a counter-designation that the case is not complex, or, if the plaintiff has made no deSignation, a designation thatthe case is complex. CASE TYPES AND EXAMPLES

uto Tort ContractAuto (22)-personallnj urylProperty Breach of ContractNVarranty (06)DamageAlVrongful Death Breach of Rental lLeaseUninsured Motorist (46) if the Contract (not unlawful detainercaS8 involves en uninsured or wrongful eviction)motorist claim subject to COntract/VVarranty Breach-Sellerarbitration. chedc this item Plaintiff not fraud or negligence)instead ofAuto) Neg\gent Breach of ContractJ

Other PIIPOIWO (Personalln juryJ WarrantyProperty OamagehVrongfu l Death) Othet' Breach of ContractlWarrantyTort Collections (e.g., money owed, openAsbestos (04) book accounts) (09)Asbestos Property Damage COllection Case-Selle r PlaintiffAsbestos Personal Injury/ other Promissory Note/CollectionsWrongful Death CaseProduct Uability (not asbestos Of Insurance Coverage (not provislonsJlyfoxic envirOllmental) (24) complex) (18)Medical Malpractice (45) Auto SUbrogationMedical Malpraclice- Other CoveragePhysicians & Surgeons other COntract (37)other Professional Health Care Contractual FraudMalpractice other Contract DisputeOther PUPOIWD (23) Real Propert yPremises Liability (e.g., slip Eminent Domain/Inverseand fall) Condemnation (14)Intentional Bodily Injury/PDMlD Wrongful Eviction (33)(e.g., assault, vandalism) other Real Property (e.g., quiet title) (26)Intentional Infliction of Writ of Possession of Real PropertyEmotional Distress Mortgage ForeclosureNegligent Infliction of Quiet Tit1eEmotional Distress other Real Property not eminent

other PVPDIWD domain. landlordltenant, orNon.pI/PIlIWD (Otherl Tort foreclosure)Business TortlUnfair Business Unlawfu l DetainerPractice (07) COmmercial (31)CMI Rights (e.g., discrimina1ion, Resident ial (32)false arrest) (not civil Drugs (38) (If the case involves illegalharassment) DB) drugs. he k this item; otherwise,Defamation (e.g., slander,libel) r pott as Commeldal or Residential)

(13) Joolcial ReviewFraud (16) Asset Forfetture OS)Intellectual Property (19) Petition Re: Artlttration Award (11)Professional Negligence (25) Writ of Mandate (02)Legal Malpractice W r i t ~ m i n i s t r a U v e Mandamusother Professional Malpractice Writ-Mandamus on Umited COurt(not medical or legal) Case MatterOther Non--PIIPDM'O Tort (35) Writ-Othe r Umited Court CaseEmploymentWrongful Termination (36)Other Employment (15)

C 1 Rev . kI1r 20(7)

Reviewother Judicial Review (39)Review 01 Health Officer OrderNotice of Appeal-LaborCommissioner AppealsCIVIL CASE COVER SHEET

Provisionally Complex Civil Litigation (Cal.Rutes 01 Court Rules 3.4O(hJ.403)AntitrustITrade Regulation (03)Construction Deled (10)Claims Involving Mass Tort (40)Securities Litigation 2B)Environmental/Toxic Tort (30)Insurance COverage Claims(arising from provisionally complexcase type lis/ed above) (41)

Enforcement of JudgmentEnforcement of Judgment (20)Atstract of Judgment (Out ofCounty)Confession of Judgment nondomestic relatfons)Sister State JudgmentAdministrative Agency Award(not unpaid taxes)PetitionICertification of Entry ofJudgment on Unpaid Taxesother Enforcement of JudgmentCaseMiscellaneous Civil ComplaintRICO (27)Other Complaint not spec;t;edabove) (42)Dedaratory Relief OnlyInjunctive ~ e l i e f Only n o n ~hBrassment)Mechanics Lienother Commercial ComplaintCase non4otf1non-complex)Other Civil Complaint(non-torllnon-complex)Miscellaneous Civil PetitionPartnership and CorporateGovemance (21)Other Petition (not specifiedabove) 43)Civil HarassmentWorkplace ViolenceElderlDependent AdunAbuseElection ContestPetition for Name ChangePetition for Relief From LateClaimother Civil Petition

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f

SHORT nllE;

ASE NUMBERKaren de la Carriere v. William N. Greene

CIVIL CASE COVER SHEET ADDENDUM ANDSTATEMENT OF LOCATION(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)This fonn Is required pursuant to Local Rule 2 0 in all new civil case filings in the Los Angeles Superior Court.

Item I. Check the Iypes of hearing and fill in the estimated length of hearing expected for this case:JURY TRIAL? YES CLASS ACTION? D YES LIMITED CASE? D Y E S TIME ESTIMATED FOR TRIAL : : 5 _ - " , 0 . . . : H O I U ~ R " , S . , f . ." - , D , , , A ~ Y 2 S

Item II. Indicate the correct district and courthouse location (4 steps I f you checked Limited Case , skip to Item III, Pg. 4):Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for yourcese in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected.Step 2: Check 2 Superior Court type of action in Column B below which best describes the nature of this case.Step 3: In Column C circle the reason for the court locetion choice that applies to the type of action you havechecked. For any exception to the court location, see Local Rule 2 0

Applicable Reasons for Choosing Courthouse Location (see Column C below)1. Class actions must be filed in the Stanley Mosk Courthouse, central distriCt.2. May be filed in central (other,oounty, or no bodily injury/property damage). 6. Location of property or pennanently garaged vehicle.7. Location 'Nhere petitioner resides.3 LoCation wtlere cause of action arose. 8. Location wherein defendant/respondent functions wholly.4. location INhere bodily injury, death or damage occurred.5. Location where performance required or defendant reskies. 9. Location where one or more of the parties reside.10. Location of Laoor Commissioner Office

Step 4: Fill in the information requested on page 4 in Item III; complete Item IV. Sign the declaration.ACivil case cover SheetCategory No.

Auto (22)Uninsured Motorist (46)

Asbestos (04)

Product Uability (24)

Medical Matpradice (45)

otherPersonal InjuryProperty Damagewrongful Death

LACIV 109 (Rev. 03(11)LASC Approved 03-04

(23)

B CTypo of Action Applicable Reasons -'tCheck only one) See Step 3 Pbt:Ne0 A7100 Motor Vehicle - Personallnjury/Prope rty OamageNlrongfu\ Death 1.,2.,4.0 A7110 PersonallnjurylProperty OamageM'rongful Death - Uninsured Motorist 1 . 2 4.0 AB070 Asbestos Property Damage0 A7221 Asbestos - PersonallnjurylWrongful Death0 A7260 Product Liability (not asbestos or tOXic/environmental)0 A7210 Medical Malpractice - Physicians Surgeons0 A7240 other Professional Health Care Malpradice0 A72Sa Premises Uability (e.g . Slip and fall)0 A7230 Intentional Bodily InjurylProperty OamageM'rongfu\ Death (e.g. 1assault, vandalism, etc.)0 A7270 Intentional Infliction of Emotional Distress0 A7220 Other PersonallnjurylProperty DamageiWrongful Death

CIVIL CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

2.2.1 2 3.,4.,8.1 4.1.,4.

1 4.1. 4.1 3.1.,4,

Local Rule 2.0Page 1 of 4


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f HORT llTLE:Karen de fa Carriere v. William N. Greene I ASE

ACMI C ... Cover Sheet .Category No.Business Tort 07)

i ~ Civil Rights 08)~ Defamation 13).C' el=15 Fraud 16)15;:

~ G Ia. Professional Negligence 25)C E10zOther 35)

C Wrongful Termination 36)

iE Other Employment 15)....Breach of Contractl Warranty06)(not insurance)

1:)~ Collections 09)..,

Insurance COverage 18)

Other Contract 37)

Eminent DomainllnverseCondemnation 14)i Wrongful Eviction 33)a, Other Real Property 26)Unlawful Oetainer-Commercia\ill 31)Unlawful Detainer-Residential32)

~ Unlawful Detainer.Post-Foreclosure 34)Unlawful Detainer-Orugs 38)

LACIV 109 Rev. 03111)LASC Approved 03- 14

BType of ActionCheck only one)0 A6029 Other Com rnerciallBusiness Tort (not fraud/bfeach of contract)0 Moo Civil Rights/Discrimination0 AB010 Defamation (s1anderllibel)0 AB013 Fraud (no contract)0 AB017 Legal Malpractice0 A6060 Other Professional M alpractice (not medical or legal)0 AB025 Other Noo-PersonallnjurylProperty Damage tort0 A6037 Wrongful Termination

0 A6024 Other Employment Complaint Case0 AB109 Labor Commissioner Appeals0 A6OO4 Breach of RentalJLease Contract (not unlawful detainer or wrongfuleviction)0 ABOD8 Contrac:tJWarranty Breach -Seller Plaintiff (no fraud/negligence)0 AB019 Negligent Breach of Contrac:tJWarranty (no fraud)0 AB028 Other Breach of ContractlWarranty (not fraud or negligence)0 A6OO2 Collections Case-5eUer Plaintiff0 A6012 Other Promissory NoteJCollections Case0 AB015 Insurance Coverage (not complex)0 ABOO9 Contractual Fraud0 AB031 Tortious Interference0 A6027 other Contract Dispute not breachlinsurancelfraudlnegtigence)0 A7300 Eminent DomairJCondemnation Number of parcels0 AS023 Wrongful EViction Case0 AB018 Mortgage Foreclosure

~ A 6 0 3 2 Quiet Title0 AB060 Other Real Property not eminent domain, landlordltenant, foreclosure)0 A6021 Unlawful Detainer-Commerclal (not drugs or wrongful eviction)

0 AB020 Unlawful Detainer-Resijential (not drugs or wrongful evidion)

0 A602OFUnlawfuIDetainer-Post-Foreaosure0 A6022 Unlawful Detainer-Drugs

CIVIL CASE COVER SHEET ADDENDUMAND STATEMENT OF LOCATION

CApplicable Reasons-.S e e S t e p ~ e

1 3.1. 2. 3.

1 2.,3.1 . 2 . 3.1 . 2 3.1. 2 . 3.2 3.1 . 2 3.

1. 2 . 3.10.

2 . 5.2 . 5.1. 2 . 5.1.,2.,5.

2 5 . 6.2 . 51 . 2., 5 . 8.1 . 2., 3 . 5.1 2 . 3 5.1. 2 3.,8.2.2.,6.2.,6.W.,6.2 . 6.

2.,6.2.,6.2.,6.

Local Ru)e 2.0Page 2 of 4


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. , HORT TIM Karen de la Carriere v. William N. Greene IASE NUMBER

ACMI Case Cover SheetCategory No.Asset o r t e ~ u r e 05)

iI Petition re Arbitration 11)'5'':a of Mandate (02)C..

Other Judicial Review 39)

a AntitrusVTrede Regulation (03)i' Construction Defect 10).':;Claims Involving Mass Torta (40)E8 Serurities utigatlon 28)Z.0;a Toxic Tort... Environmental 30). Insurance Coverage ClaimsQ. from Complex Case 41)

III Enforcementui5 of Judgment (20)- ...' 0

onRICO (27)

~ ~ Other Complaints'u. 1 1 ~ (Not Specified i b


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., HORTnn..E: CASE NUMBERKaren de la Carriere v. William N. Greene

Item III. Statement of Location: Enter the address of the accident. party's residence or place of business, performance, or othercircumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.

ADORESS:REASON: Check the appropriate boxes for the numbers shown 1935 North Serrano Avenueunder Column C for the type of action that you have selected for Los Angeles, CA 90021tIIis case.

01 02 03 04 05 06 07 DB. 09 010CITY 5TAT: ZlPCOOf:Los Angeles CA 90021

Item IV. Declaration o Assignment I declare under penalty of p ~ u r y under the laws of the State of california that the foregoing is trueand correct and that the above-entitled mailer is properly filed for assignment to the Stanley Mosk courthouse in the

~ C : : : e : : : n : : ; t r a : : : I District of the Superior Court of Catifornia, County of Los Angeles [Code Civ. Proc . 392 etseq., and LocalRule 2.0, subds. b), c) and d)J.

Dated: October 4, 2012

PLEASE HAVE THE FOLLOWING ITEMS COMPLETED ND READY TO BE FILED IN ORDER TO PROPERLYCOMMENCE YOUR NEW COURT CASE:1. Original Complaint or Petition.2. If filing a Complaint, a completed Summons form for issuance by the Clerl

01 complaint.pdf

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